Judgment

Mrs. Alka Sarin, J.

The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 02.12.2019, whereby the Executing Court has dismissed the application for staying the execution proceedings during the pendency of the application filed by the petitioner under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (CPC) for setting aside the ex parte judgment and decree dated 09.01.2014.

2. Learned counsel for the petitioner would contend that the ex parte judgment and decree was passed in a suit for specific performance of an agreement to sell on 09.01.2014 and that an application under Order 9 Rule 13 CPC was filed by the petitioner herein and that it would be in the fitness of things that the execution proceedings are stayed till the application under Order 9 Rule 13 CPC is decided. In support of his contentions, learned counsel has relied upon the judgments in the cases of Amrik Singh Vs. Jasbir Singh , 1995 (3) RRR 519; Davinder Pal Singh & Anr. Vs. Narinder Pal Singh & Ors. 2016 (3) RCR (Civil) 194; Sanjay Sharma Vs. Raj Kumar , 2020 (2) RCR (Rent) 557 and Gurharbans Singh @ Harbans Singh Vs. Balwant Singh Dhillon